Letter from Lawyer

Discussion in 'Credit Talk' started by dgarcia, Apr 19, 2002.

  1. dgarcia

    dgarcia Active Member

    I had sent a letter to a Collection Company trying to settle on a debt. It had been 30 days since I had heard any thing. Today I received a letter from an attorney asking for the amount of the debt and that I should no longer contact the CC. What should I do? Should I try to settle with the Attorney or is this a common thing with CC.
     
  2. darkdoj

    darkdoj Well-Known Member

    I would send a validation to the attorney CRRR. If the attorney can validate then send him the settlement offer. Rethinking this, I wonder why the attorney told you not to contact the CA anymore....did the CA validate previously? Attorney letters are usually scare tactics to get you to pay. Depending on the amount you wanted to settle for and the amount of the original debt, I'd ask the attorney for some type of document showing that you're no longer entitled to contact the CA. Have you tried to negotiate with the original creditor?
     
  3. Dancer

    Dancer Well-Known Member

    Ignore him or better yet, CRRR him and demand to see his copy of the original and assignment contracts, the complete history of the account, a copy of his license to practice law, and the POA from the CA authorizing him to deal on their behalf. Then, CRRR the CA screaming bloody murder about them revealing the account information to a 3rd party. If the lawyer was working for the CA then he would know the amount of the debt. He may be trying to trick you to admit to owing a certain amount.

    As long as the CA is reporting your account, continue writing them. They still haven't answered your validation letter and it's been 30 days. If they Continue collection activity (by reporting) then that is a violation. Did they mark it as "in dispute"? If not, that is another violation. Send the second validation letter today.

    Dancer
     
  4. dgarcia

    dgarcia Active Member

    No I have not tried to contact the credit card company. The debt is for $2200 and it is over 4 years old. It has already been charged off by the credit card company and has been purchased by two collection companies.
     
  5. dgarcia

    dgarcia Active Member

    Did I make a mistake? I did not send a validation letter before I sent a settlement letter. I did not date or sign my letter. HELP!!!!!!!! Should I send a validation letter to the Collection Agency????
     
  6. dgarcia

    dgarcia Active Member

    Re: Letter from Lawyer!!!Please Help

    By me sending a settlement letter does that start SOL over again? I did not sign the letter and I also did not date it
     
  7. lbrown59

    lbrown59 Well-Known Member

    SEND CA THE ESTOPPEL LETTER NOW.
     
  8. Dancer

    Dancer Well-Known Member

    Re: Letter from Lawyer!!!Please Help

    Don't worry. The SOL starts from the initial date of delinquency, not from the day you made a payment. And actually you want them to report it as other than that date by illegally re-aging the account because then you can sue them for FCRA and FDCPA violations and force them to delete the account.

    Dancer
     
  9. dgarcia

    dgarcia Active Member

    What is an estoppel letter?
     
  10. breeze

    breeze Well-Known Member

    What state are you in?
     
  11. solzy

    solzy Well-Known Member

    Does the letter from the attorney contain the fdcpa debt collection miranda? If not then sue him.
     
  12. dgarcia

    dgarcia Active Member

    Kansas.
     
  13. breeze

    breeze Well-Known Member

    This debt is past the SOL in KS, send them whatever you think will work. They can't really do anything to you.
     
  14. dgarcia

    dgarcia Active Member

    I looked at the old debts and noticed that all of them were beyond the SOL and that they will be off my report in less than a year. Should I even try to settle up with the agencies or should i just grin and bear it for another year and then follow up with my Credit Report.
     
  15. Dancer

    Dancer Well-Known Member

    If you are past the statute of limitations in which they can legally attempt to collect the debt and if reporting to the CRA's is considered continued collection activity, don't they have to delete?

    Dancer
     
  16. dgarcia

    dgarcia Active Member

    What do you mean by having to delete?
     
  17. gib

    gib Well-Known Member

    No. Negative information can stay on your CR for 7 years. The SOL has no bearing on this. They can still legally attempt to collect, you just aren't legally bound to pay. Send validation letters.

    Gib
     
  18. dgarcia

    dgarcia Active Member

    I am new to all of this. I am going to ask this question and forgive me if it does not make any since. If they can no longer hold me legally responsible for the debt, what is the purpose of sending a validation letter.?
     
  19. thomas

    thomas Well-Known Member

    If they cannot validate the debt, they are supposed to remove it from your credit reports. It is unlikely they can validate a debt this old. It is likely you can get it off your reports sooner than you thought.

    Now, my question. If he pays the debt (or any part of it) won't that constitute new activity, meaning they could report it another seven years? I was under the impression that you shouol not pay any part of a debt this old.
     
  20. LKH

    LKH Well-Known Member

    NO! It does not restart the reporting clock.
     

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